Davis v. Catoe
ORDER: The 15 findings, conclusions, and recommendation of the magistrate judge are adopted. The court denies a certificate of appealability. (Ordered by Judge Sidney A Fitzwater on 7/20/2017) (sss)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
LORIE DAVIS, Director TDCJ-CID
After making an independent review of the pleadings, files, and records in this case, and the
findings, conclusions, and recommendation of the magistrate judge, the court concludes that the
findings and conclusions are correct. It is therefore ordered that the findings, conclusions, and
recommendation of the magistrate judge are adopted.
Petitioner’s July 11, 2017 motion for extension of time in order to acquire trial transcripts is
denied. Petitioner has had sufficient time while pursuing habeas relief in state court and while this
petition was pending in this court to obtain the documents necessary to present his petition. To the
extent that his July 11, 2017 letter is also a motion, the motion is denied for the same reason.
Considering the record in this case and pursuant to Fed. R. App. P. 22(b), Rule 11(a) of the
Rules Governing §§ 2254 and 2255 proceedings, and 28 U.S.C. § 2253(c), the court denies a
certificate of appealability. The court adopts and incorporates by reference the magistrate judge’s
findings, conclusions, and recommendation filed in this case in support of its finding that the
petitioner has failed to show (1) that reasonable jurists would find this court’s “assessment of the
constitutional claims debatable or wrong,” or (2) that reasonable jurists would find “it debatable
whether the petition states a valid claim of the denial of a constitutional right” and “debatable
whether [this court] was correct in its procedural ruling.” Slack v. McDaniel, 529 U.S.473, 484
If petitioner files a notice of appeal,
petitioner may proceed in forma pauperis on appeal.
petitioner must pay the $505.00 appellate filing fee or submit a motion to proceed in
July 20, 2017.
SIDNEY A. FITZWATER
UNITED STATES DISTRICT JUDGE
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